Car accidents are an unfortunate reality on Texas roads. With millions of drivers and thousands of miles of highways, accidents happen daily—and the moments following a crash are crucial. Whether you're on a congested freeway, a quiet road in rural Texas, or anywhere in between, knowing what to do after a collision can make or break your personal injury claim.
If you’ve been in a car accident, the aftermath can be overwhelming—confusion, adrenaline, and even fear often take over. But it’s during these first moments, hours, and days that key steps must be taken to protect your rights and build a strong foundation for any future personal injury claim.
At Guerra Law Firm PC in McAllen, Texas, we understand the nature of car accident claims and provide trusted legal guidance to help injured individuals protect their rights. To truly safeguard your personal injury claim, it’s important to understand what steps to take immediately after a crash.
Prioritize Safety and Call 911
Your first priority should be safety. If possible and it’s safe to do so, move your vehicle to the side of the road to prevent further accidents. Turn on hazard lights and check yourself and any passengers for injuries.
Texas law requires that drivers stop at the scene of an accident that causes injury or significant property damage. Failing to stop and render aid can lead to serious criminal charges, especially if someone is injured.
Call 911 to report the accident. Even if injuries seem minor or damage looks insignificant, a police report is crucial for your personal injury claim. Emergency responders will assess injuries and document the scene—both of which are important for later legal proceedings.
Seek Immediate Medical Attention
Even if you feel “fine” after the crash, it’s essential to see a medical professional. Adrenaline can mask injuries, and symptoms of concussions, whiplash, or internal trauma may not show up right away.
In Texas, your medical records will play a major role in supporting your claim for compensation. The sooner you seek treatment, the stronger the link between the accident and your injuries. Waiting too long may give insurance adjusters reason to argue that your injuries weren’t related to the crash.
Pro tip: Be honest and detailed with your doctor about every symptom, no matter how small it may seem.
Document the Scene
If you’re physically able to, gather evidence at the scene. Use your phone to take photos or videos of the vehicles, the damage, skid marks, traffic signs, license plates, weather conditions, and any visible injuries.
Also, collect the following information:
Driver’s license and insurance details from all involved drivers
Contact info of all drivers and passengers
Witness names and contact information
Police officer’s name, badge number, and accident report number
These pieces of evidence can help establish fault and liability under Texas personal injury law, which uses a modified comparative fault system (also known as the 51% rule). If you’re found to be more than 50% at fault, you can’t recover damages. The more detailed your documentation, the better your case will be.
Avoid Admitting Fault
Emotions run high after a crash, but it’s important to be mindful of what you say. Don’t admit fault, apologize, or make assumptions about what caused the accident. These statements can be used against you later by insurance companies or in court.
Even saying something as simple as “I didn’t see you” can be twisted into an admission of fault. Stick to the facts when speaking to law enforcement and others involved.
Notify Your Insurance Company
Texas drivers are required to carry minimum liability insurance coverage. After an accident, notify your insurer as soon as possible—even if you weren’t at fault. Provide basic facts about the crash, but avoid giving a recorded statement without first consulting with an attorney.
Texas law gives you up to two years to file a personal injury claim, but your insurance policy may require that you report the accident much sooner. Failing to meet your insurer’s deadlines could jeopardize your coverage.
Understand Texas Auto Insurance Laws
Texas is an at-fault state when it comes to car accidents. This means the driver who caused the accident is financially responsible for the damages. As the injured party, you have three options:
File a claim with your own insurance company (they may pursue reimbursement from the at-fault driver’s insurer).
File a third-party claim directly with the at-fault driver’s insurance company.
File a personal injury lawsuit in civil court.
Minimum auto liability coverage in Texas includes:
$30,000 per injured person
$60,000 total per accident
$25,000 for property damage
However, medical bills and lost wages can easily exceed these limits. That’s why it’s crucial to work with an attorney who can help you pursue full compensation.
Keep Thorough Records
Start a file for your accident as soon as possible. This file should include:
Medical bills and treatment records
Repair estimates or invoices for vehicle damage
Pay stubs and documentation of lost income
A personal journal tracking your pain, symptoms, and how the injury has affected your daily life
These records are invaluable in determining the value of your claim and proving non-economic damages like pain and suffering.
Be Cautious When Dealing With Insurance Adjusters
Insurance adjusters may sound friendly, but they’re not on your side. Their goal is to minimize the amount paid out by the insurance company. Be cautious and avoid accepting quick settlement offers, especially if you haven’t finished treatment or don’t yet know the full extent of your injuries.
In Texas, once you accept a settlement, you typically waive your right to seek further compensation—even if your injuries worsen or new complications arise. Always review settlement offers with a personal injury attorney.
Understand the Statute of Limitations
Texas law imposes a two-year statute of limitations for filing a personal injury lawsuit. This means you must file within two years of the date of the accident, or you may lose your right to pursue compensation.
There are exceptions in certain cases (such as when the injured party is a minor), but in general, time is of the essence. The sooner you act, the stronger your case can be.
Consult a Texas Personal Injury Attorney
Even if your case seems straightforward, having legal representation is one of the best ways to protect your rights and maximize your recovery. A personal injury attorney can:
Investigate the accident and gather evidence.
Negotiate with insurance companies on your behalf.
Estimate the true value of your claim, including future medical expenses.
Represent you in court, if necessary.
Having an experienced advocate on your side can make all the difference in securing compensation.
Common Injuries From Car Accidents
Some of the most frequently reported car accident injuries in Texas include:
Whiplash and neck strain
Concussions and traumatic brain injuries
Back injuries and herniated discs
Broken bones
Internal bleeding
Soft tissue injuries
Psychological trauma, including PTSD
The long-term impact of these injuries may not be immediately visible, which is why early documentation and ongoing treatment are vital.
What Compensation Can You Recover in a Texas Car Accident Claim?
Under Texas law, accident victims may be entitled to recover both economic and non-economic damages, including:
Medical expenses (past and future)
Lost wages and reduced earning capacity
Pain and suffering
Mental anguish
Property damage
Loss of consortium (for spouses)
In cases of gross negligence or reckless behavior—such as drunk driving—you may also be eligible for punitive damages designed to punish the at-fault party.
Protect Yourself, Protect Your Claim
The aftermath of a car accident can feel like a whirlwind. But taking the right steps—starting at the crash scene and continuing through your recovery—can make all the difference in the strength of your personal injury claim.
Remember:
Stay calm and document everything.
Prioritize your health and follow your doctor’s instructions.
Be cautious with insurance adjusters.
Don’t settle too quickly.
Consult with a knowledgeable Texas personal injury attorney.
If you or a loved one has been injured in a car accident in Texas, you don’t have to go through the legal process alone. A dedicated legal partner can help you recover compensation and hold negligent drivers accountable.
Need Legal Help After a Texas Car Accident? Call Us Today
Contact Guerra Law Firm PC today for a free consultation. Located in McAllen, Texas, we serve clients throughout Southern Texas. We’ll help you understand your rights, answer your questions, and guide you through every step of the personal injury claim process. Don’t wait—protect your future by taking action now. Reach out to us today.
